By entering Virgin StartUp’s Foodpreneur 2017 competition (the “Competition”) you agree to the following terms and conditions (the “Terms”):
For the purposes of these Terms, the following terms shall have the following meanings.
Intu means Intu Shopping Centres plc incorporated and registered in England and Wales with company number 02893329 whose registered office is at 40 Broadway, London SW1H OBU (Intu)
Virgin Group means (a) Virgin Group Holdings Limited, its subsidiary undertakings, its parent undertakings and any subsidiary undertaking of any such parent undertaking (each as defined in section 1162 of the Companies Act 2006), (b) any entity which has the name “Virgin” in its title and licenses the right to use the “Virgin” name, directly or indirectly, from Virgin Enterprises Limited and each of its subsidiary undertakings, (c) the Virgin Foundation (a registered charity trading as Virgin Unite), and (d) Sir Richard Branson and the Branson family.
- To be eligible to win the Competition, entries must be submitted by completing and submitting the entry form via the Virgin StartUp (“VSU”) website, found at ://foodpreneur.virginstartup.org/ (an “Entry”).
- Only one Entry per person will be accepted. All additional Entries will be discounted
- All Entries must be received by 11:59 BST on 17 May 2017 (the “Closing Date”). All Competition entries received after the Closing Date will be automatically disqualified.
- No purchase is necessary and there is no charge to make an Entry to the Competition.
- The entry form must be correctly filled in completely and accurately. Entry forms that are incomplete (where questions are left unanswered) or that are found to be inaccurate may be disqualified from the Competition at any time, in the absolute discretion of VSU. By entering the Competition, you represent and warrant that:all information submitted in your Entry is true, current and complete; andall work relating to your business is your own work and all intellectual property rights in that work are owned by you or your business.
- Entrants must demonstrate with their application that they own/operate a business in the food and beverage sector in the UK and that they have:a strong vision, plan and evidence that they can achieve that vision; that the idea is commercially and financially viable; and display creativity, innovation, genuine approach and passion.
- In order to have submitted a valid Entry to become a “Participant” entrants must:
accept and comply with these Terms;
- Be individuals
- Be aged 18 years and over with the right to work in the United Kingdom (the “UK”) and the right to remain in the UK for at least two years after the Closing Date;
have a UK based business within its first 3 years of trading;
- Not be an employee of any member of the Virgin Group or Intu;
- Possess all relevant safety authorisations, food hygiene certificates, insurance and relevant licences (including those required for the sale of alcohol if applicable) required for the operation of a pop up stall to sell the products of their business and shall provide copies of those documents to VSU and Intu on request. For the avoidance of doubt, where it is not possible to obtain the authorisations and certificates under this Condition 1.5.6 prior to entering the Competition, these may be obtained at a later date but must be evidenced to VSU and Intu before a Participant may take up any prize;
- have all necessary corporate approvals required in order to enter the Competition and accept any Prize (if won). For example, if an entrant’s business is co-owned, the entrant must have obtained, the prior written consent of the co-owner(s) before entering the Competition. Where applicable, by agreeing to these Terms, you warrant and represent that you have received the written consent of the co-owner(s) of your business.
All Participants must be available:
- For a telephone interview, between 17 May 2017 and 5 June 2017 (dates subject to change);
- If selected, for an interview day hosted by Intu on a date during the week commencing 29 May 2017 in London (location to be confirmed and dates subject to change);
- If selected, to become one of eight “Semi Finalists”, for one week between 30 June 2017 and 7th July 2017 (dates subject to change) to staff, stock and operate a pop-up kiosk at one of Intu’s shopping centres in the UK (the “Semi Finalist Prize”);
- If selected to become one of four “Finalists”, on a date to be confirmed during the week commencing 24 July 2017 (date subject to change)for the final, where four selected Semi Finalists will be invited to pitch their business idea to a panel of judges in London;
- If selected to be the “Winner”, for a period of 6 weeks during September and October 2017 (dates subject to change) to staff, stock and operate a pop-up kiosk at one of Intu’s prime regional shopping centres at one of six locations in the UK (the “Winning Prize”). The location of the shopping centre shall be determined by Intu in its absolute discretion and no guarantee of location is given but Intu shall work with the Winner to try to identify a location that is convenient to it. VSU accepts no responsibility or liability for any inconvenience caused to Winner, their staff, agents or any other third party for the take up of the Winning Prize.
- On reasonable notice for ad hoc media requests for interview or commentary regarding the Competition; and
- On reasonable notice, provide written content for blogs or diaries as requested by VSU.
For the avoidance of doubt, all dates included in these Terms and Conditions are subject to change without notice. VSU and Intu will not accept any liability if the final dates change and/or are not convenient for any entrant or Participant.
Invalid Entries and Disqualification
- Failure to submit an Entry in accordance with these Terms, will mean entrants will not be eligible to enter the Competition or win the prizes set out under Condition 3. VSU and Intu accept no responsibility for any Entries that are lost, delayed, corrupted, damaged, incomplete or otherwise invalid. VSU and Intu will not be responsible for any fault or failure (including technical or digital) which prevents a person from entering the Competition, howsoever caused.
- Entries may be rejected or disqualified from the Competition at the sole discretion of VSU for reasons including but not limited to breach of these Terms, obscenity, abuse of any kind, defamation, an invasion of privacy or any other objectionable content. Any entrant found to be submitting unsolicited bulk messages (i.e. spam) or posting the same Entry from more than one email address will be disqualified from the Competition.
Prizes will be awarded across three stages of competition. The Prizes consist of:
As stated under Condition 1.8, eight Semi Finalists will be awarded the opportunity to host a pop up stall for one week in one of Intu’s shopping centres in the UK. In addition, Semi-Finalists will be offered the opportunity to promote their businesses online at intu.co.uk (one of the UK’s top 10 affiliate websites) for one week. The location of the shopping centres shall be determined by Intu in its absolute discretion and no guarantee of location is given, but Intu shall work with the Semi-Finalists to try to identify a location that is convenient to them. Neither VSU nor Intu accepts any responsibility or liability for any inconvenience caused to Semi-Finalists, their staff, agents or any other third party for the take up of the Semi Finalist Prize.
Semi Finalists will be supported with content marketing and social marketing for their pop up stalls by VSU and Intu. The exact nature of this support is to be determined. Intu shall provide promotion of the pop up stalls via posters in the shopping centres where Semi Finalists are operating their pop up stalls. Exact number of posters to be determined by Intu.
As stated under Condition 1.8.4, four Finalists will be selected from the pool of eight Semi Finalists to come and pitch their business to a panel of judges and industry experts.
As stated under Condition 1.8.5, one Winner will be awarded the opportunity to host a pop up stall in one of Intu’s shopping centres in the UK for six weeks. In addition, the Winner will be offered the opportunity to promote its business online at intu.co.uk (one of the UK’s top 10 affiliate websites) for six weeks. VSU cannot provide any guarantee as to the level of support provided by Intu under this Condition 3.1.2. The location of the shopping centre shall be determined by Intu in its absolute discretion and no guarantee of location is given, but Intu shall work with the Winner to try to identify a location that is convenient to them. Neither VSU nor Intu accepts any responsibility or liability for any inconvenience caused to the Winner, its staff, agents or any other third party for the take up of the Winning Prize.
The Winner will be supported with content marketing and social marketing for their pop up stalls by VSU and Intu. The exact nature of this support to be determined. Intu shall promote the pop up stall via posters in the shopping centres where the Winner is operating its pop up stall for 6 weeks. Exact number of posters to be determined by Intu.
The Winner will receive mentoring support consisting of nine hours from a mentor chosen by Intu and nine hours from a mentor provided by VSU, both over a period of 12 months following completion of the Competition. All mentors and sessions shall be subject to availability and it is the responsibility of the Winner to ensure that they are able to attend the mentoring sessions offered to them. VSU and Intu accept no responsibility for the Winner’s inability to take up the mentoring offered as part of the Winning Prize.
The Prizes set out under this Condition 3 represent the entire prize offering by VSU and Intu as part of the Competition.
Each Prize and each element comprising each Prize are not transferable or exchangeable. The Prizes have no cash value and cannot be taken as cash or for any other item or benefit. If for any reason any Participant does not make use of a Prize including if a Prize is not claimed or redeemed, no Participant shall be entitled to an alternative prize. In each case, no refund or compensation will be provided.
If any Prize (or any part of it) is unavailable, VSU and Intu, in their absolute discretion, reserve the right to substitute that Prize (or any part of the Prize) for an alternative prize or prizes (as appropriate). For the avoidance of doubt, this is a right for VSU and Intu and there is no obligation on VSU or Intu to provide a replacement.
The Semi Finalists, and Winner shall accept and use their Prize at their own risk. To the fullest extent permitted by law, VSU, the Virgin Group and Intu assume no responsibility whatsoever for any damage, loss, or disappointment (in each case whether direct or indirect) suffered by any Participant (or any companion/s) as a result of accepting and undertaking any Prize or if they are unable to take up any Prize.
Notwithstanding anything else in these terms and conditions, VSU can only guarantee the delivery of its own obligations in relation to the Competition and these terms and conditions, including in relation to the Prizes. VSU specifically excludes all liability to entrants, Participants, Semi Finalists, Finalists and the Winner to the extent that the obligation is Intu’s including in relation to the delivery of any part of the Prizes that Intu is responsible for. In the event that Intu is unable to deliver all or any part of the Prizes, VSU shall not be responsible for the delivery of those elements of the Prizes and nor shall it offer any alternative prize, be it financial or otherwise.
The Competition Selection Process
- Fifteen Participants will be selected form the valid Entries for a shortlist (“Shortlisted Participants”). Shortlisted Participants will be invited to attend an “Interview Day” at a location in London (to be confirmed), where they will meet with VSU and intu representatives, pitch their business, showcase samples if appropriate, explain how the opportunity could benefit the business and discuss logistical requirements for kiosks (in the event they were to win).
- After the Interview Day, eight of the Shortlisted Participants will be invited to be Semi Finalists.
- The eight Semi Finalists will be notified of their success by telephone and email by week commencing 5 June 2017 (date subject to change).
- Four Finalists will be invited to a pitch selection event (the “Pitch Day”) in London (final location to be confirmed) on the week commencing 24 July 2017. The Finalists will present to a judging panel about their experience in the mall, what they did to drive sales and awareness and how the audience responded to their products/service.
- The Winner will be selected from one of the Finalists at the Pitch Day by a judging panel composed of representatives from VSU, Virgin Management Limited, Intu and other invited guests (the “Judging Panel”).
- To decide which Finalist will be the Winner, the Judging Panel will consider he following criteria:
- The Finalist displays a strong vision, plan and evidence that they can achieve that vision;
- The Finalist demonstrates that the idea is commercially and financially viable; and
- The Finalist displays creativity, innovation, genuine approach and passion.
- The final Winner will be announced in September 2017.
- For all judging decisions, the Judging Panel’s decision is final and binding. All other decisions relating to the Competition including eligibility and all final decisions relating to the Prizes rests solely with VSU. No correspondence will be entered into concerning any of these matters.
- Where, under this Condition 4, VSU contacts or attempts to contact a Participant, Shortlisted Participant, Semi Finalist, Finalist or the Winner to inform them of their success in progressing to the next stage of the Competition and VSU does not receive a response within twenty four hours of when it first tried to contact that Participant, VSU reserves the right to award that Participant’s place in the Competition to another Participant and the original Participant shall have no right to receive the relevant Prize. VSU and Intu accept no responsibility whatsoever for the failure of any communication (whether under this Condition 4 or otherwise) to reach the relevant Participant.
- VSU will require the Winner to attend a winner announcement event (date and location tbc).
- Unless expressly specified below, all Participants, Shortlisted Participants, Semi Finalists, Finalists and Winner are responsible for all personal expenses and any ancillary costs incurred by each in enjoyment of the Prize including their own transport and accommodation (if needed) to and from all Competition events and the Prize location. This includes the Pitch Day, Interview Day, publicity events and any mentoring sessions.
- The following support will be provided to the Semi Finalists and Winner:
- VSU and Intu will cover the reasonable costs relating to the design, build, transportation, assembly and deconstruction of the pop up stalls as part of the Semi Finalist Prize and the Winner Prize. The design of the pop up stalls will be at the absolute discretion of VSU and Intu, but the Semi Finalists and Winner will be consulted in the design process.
- Intu shall be responsible for and provide all relevant training including but not limited to health and safety training prior to the Semi Finalists or Winner operating the pop up stalls as part of their Prizes. VSU accepts no liability whatsoever for Intu’s failure to provide such training or its failure to do so to a reasonable standard.
- The Semi Finalists and the Winner shall be responsible for paying for all stock and staff necessary for the operation of the pop up stalls during the use of the Semi Finalist Prize and the Winner Prize.
- The Semi Finalists, Finalists and Winner agree to take part in all reasonable Competition-related publicity (such as interviews and photography) surrounding the winning of the Prizes, and the Semi Finalist, Finalist and Winner, consent to VSU, virgin.com and Intu using their name and image (and the name, trade marks and service marks of their business) in promotional material. No remuneration will be paid for any participation in publicity.
- In order to facilitate and carry out its obligations as part of the Competition, VSU will use, store and process personal data you provide and will do so at all times in compliance with the Data Protection Act 1998 as amended, superseded or replaced (the “Act”).
- VSU may, in its absolute discretion vary or amend these Terms, change any Prize or terminate this Competition without prior notice. You agree that no liability shall attach to VSU or any member of the Virgin Group as a result thereof and that, in such circumstances, no compensation will be payable.
- VSU, Intu and the Virgin Group shall not be liable for any failure to comply with its obligations under these Terms caused by (but not limited to) weather conditions, fire, flood, strike, hurricane, industrial dispute, war, terrorist activity, hostilities, political unrest, riots, civil commotion, loss of connectivity, internet or email failure or any other circumstances beyond the control of VSU, Intu or that member of the Virgin Group.
- Neither VSU, Intu nor any member of the Virgin Group shall be liable for property lost, stolen or damaged at any Competition events or during use of the Prizes.
- Nothing in these Terms shall be deemed to be a licence or permission to use the name, brand, trade marks or service marks of VSU, a member of the Virgin Group, or Intu and any such use is strictly forbidden without the prior written consent of VSU.
- Participants shall behave in a respectful and courteous manner throughout their participation in the Competition and shall do nothing to bring VSU, Intu or any member of the Virgin Group into disrepute, nor carry out any act or omission that might damage the brand of VSU, Intu or any member of the Virgin Group. VSU reserves the right to automatically disqualify any Participant that is in breach of this Condition in its absolute discretion, and shall withdraw the offer of any Prize that may have been offered without incurring any liability to the disqualified Participant whatsoever.
- The Competition is run by Virgin Start Up Limited whose registered address is the Battleship Building, 179 Harrow Road, London W2 6NB.
These Terms are subject to the laws of England and Wales and any dispute arising out of or in connection with this Competition shall be subject to the exclusive jurisdiction of the courts of England and Wales